logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.04.05 2016누22025
강등처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasoning of the judgment of the court of first instance cited by the plaintiff in the trial while filing an appeal does not differ significantly from the contents of the plaintiff's assertion in the court of first instance, and the judgment of the court of first instance rejected the plaintiff's assertion even if each of the evidence submitted in the court of first instance and the statement of evidence Nos. 6 through 9, 11, and 12 submitted in the court of first instance are examined together with

Therefore, the reasoning of this court’s explanation is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added a judgment on the assertion that the plaintiff emphasizes again in the court of first instance. Thus, this court’s explanation is citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

As to the grounds for disciplinary action Nos. 3, 4, 6, 7, 14, 16, 17, 19, and 20 of the grounds for disciplinary action Nos. 1, attached hereto, the Plaintiff’s act constitutes either a fact-finding by the Plaintiff, or an act that cannot be constituted a ground for disciplinary action, and the grounds for disciplinary action Nos. 1, 2, 5, 8, 10, and 11 do not constitute sexual harassment or other acts that cause sexual humiliation or aversion.

Judgment

First, I examine sexual harassment.

Article 2 subparag. 2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter “Equal harassment in the workplace”) provides that “sexual harassment in the workplace” means that an employer, a superior, or an employee causes another employee to feel sexual humiliation or aversion by sexual words or actions, etc. using a position within the workplace or in relation to his/her duties, or gives him/her disadvantage in employment on the ground that he/she did not comply with any sexual words or actions or other demands, etc.” Article 12 of the Equal Employment Opportunity and Work-Family Balance Assistance Act provides that the employer, superior,

In order to establish sexual harassment under such provision, the relationship and act between the parties is not necessarily required to have sexual motive or intent.

arrow